Planning FAQs

Addtional Gallery Block

FAQS

Broadly speaking, the construction of an extension or conservatory does not require planning permission when it is to the rear of the house; however, any query from the public of this nature should be dealt with subject to the provisions of Part 1 of the 2nd Schedule to the Planning and Development Regulations, 2001.

The following should be seen only as general guidelines;

Terraced and Semi-Detached Houses: If the house has not been previously extended, the floor area of the proposed extension cannot exceed 40 sq metres. This exemption also allows for extensions above ground-floor level (if the house is semi-detached or terraced, the area of the above ground extension cannot exceed 12 sq. m). This means, for a typical semi-detached house, one could have a ground floor extension of 28sq. m & 2nd floor extension of 12sq m without applying for planning permission. Any above ground floor extension shall be a distance of not less than 2 metres from any party boundary.

Detached Houses: As with terraced and Semi-detached above, the overall area of extension must be less than 40 sq. metres. This exemption also allows for extensions above ground floor level, the are above ground floor are cannot exceed 20 sq. m. One could therefore have a ground floor extension of 20 sq. m., and a 2nd floor of 20 sq. m. Any above ground floor extension shall be a distance of not less than 2 metres from any party boundary..

Both Cases: If the proposed extension is in addition to an existing extension (post 01-10-1964), overall areas of all extensions must not be more than 40 sq. m. - including extensions which needed permission, e.g. to side of house.

No.The extension shall not reduce the "Private Open Space" of the back garden to less than 25 sq. m. Hard surface areas to the rear of a house are exempted development, providing they are used for a purpose incidental to the enjoyment of the house and not used for the parking of cars.

N.B. Existing or proposed garden shed/s are not reckoned as private open space.

Normally no. However, if work involves dormer windows, permission is needed. If velux windows proposed to the rear, it is exempt. If velux windows proposed to the side/front elevation it is not exempt.

Terraced and Semi-Detached Houses: Windows at ground floor level shall not be less than 1 metre from the boundary they face. Windows at above ground floor level shall not be less than 11m from the boundary they face. The above applies to terraced s/d dwellings.

Detached Houses: Where the dwelling is detached and the floor area of above ground floor extension is greater than 12sqm windows shall not be less than 11m from the boundary they face.

Yes. But only if the structure was previously used as a single dwelling. e.g. a house which was used as a single dwelling when built, later converted to flats can convert back to single dwelling use under this exemption.

Yes. From 28/02/2007 these are exempted under new Class 2 to exempted regulations, subject to limitations.

The Planning and Development (Amendment) Regulations 2007 give effect to exempted development provisions in respect of renewable energies for dwellings and refer to the installation or erection of a solar panel on or within the curtilage of a house, or on any buildings within the curtilage of a house is exempt subject to compliance with the following conditions and limitations:

Solar Panels:

The total aperture area of any such panel taken together with any such panels previously placed on or within the curtilage of a house shall not exceed 12 sqm or 50% of the total roof area, whichever is the lesser;

1. The distance between the plane of the wall or a pitched roof and the panel shall not exceed 15 cm;

2. The distance between the plan of a flat roof and the panel shall not exceed 50cm;

3. The solar panels shall be a minimum of 50cm from any edge of the wall or roof on which it is to be mounted;

5. A free standing solar array shall not be placed on or forward of the front wall of the a house;

6. The erection of any free standing solar array shall not reduce the area of private open space to the rear or side of the house to less than 25 sq m.

Wind Turbines:

The construction, erection or placing within the curtilage of a house of a wind turbine is exempt subject to the following Regulations (Class 2)

1. The turbine shall not be erected on or within the curtilage of a house of a wind attached to the house or any building or other structure within its curtilage.

2. The total height of the turbine shall not exceed 13 metres.

3. The rotor diameter shall not exceed 6 metres.

4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.

5. The supporting tower shall be a distance of not less than the total structure height (including the blade of the turbine at the highest point of its arc) plus one metre from any party boundary.

6. Noise levels must not exceed 43db(A) during normal operation, or in excess of 5db(A) above the background noise, whichever is greater, as measured from the nearest neighbouring inhabited dwelling.

7. No more than one turbine shall be erected within the curtilage of a house.

8. No such structure shall be constructed, erected or placed forward of the front wall of a house.

9. All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.

10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.

FYI - The Planning and Development (Amendment) Regulations 2008 (SI 256 of 2008) give effect to exempted development provisions in respect of renewable energies for industrial buildings, business premises and agricultural holdings.

Yes. Provided that the ground level not be altered by more than 1 metre above or below the level of adjoining ground. Alteration of ground level to front of house is not permitted other than for landscaping.

Under the planning system, many minor works to structures do not normally require planning permission. These works are known as exempted development. However, for a Protected Structure, such works can be carried out without planning permission only if the works would not affect the character of the structure or any element of the structure that contributes to its special interest.

If a query arises as to whether a proposal requires Planning Permission or whether it is exempted development, a submission may be made, in writing with proposals or maps - the more information the better accompanied by a fee (€80.00). The planner will consider submissions & we reply within 4 weeks as to whether it does require planning permission or not. The applicant can refer the decision to An Bord Pleanala accompanied by a fee (€150.00).

Submissions/observations must be made within 5 weeks beginning on the date of receipt of the planning application. The five week period commences on the day that a planning application is received, such that the last day for receipt for an objection to an application received on Tuesday 1 November is Monday 5 December. If the last day of this five week period falls on a Saturday, Sunday or Public Holiday, submissions/observations can be accepted on the next working day.

Please note that anyone other than the applicant can make an objection/observation on a planning application.

In accordance with Article 35 of the Planning and Development Regulations, persons who made a submission or observation on a planning application will only be notified of the receipt of Additional Information or Clarification of Additional Information, where that AI or CAI is considered significant and requires new public notices. Objectors have 2 weeks ( 5 weeks in case of applications accompanied by an EIS) from the date of receipt by the Planning Authority of the revised notices, to make further submissions/observations. No further fee is required. Other persons wishing to make a submission/observation will be required to pay the prescribed fee.

Please note that anyone other than the applicant can make an objection/observation on a planning application.

There is provision for an appeal to An Bord Pleanála in such cases. The appeal must be lodged within 1 month of the date of the decision on the application –see Part VI of the Building Control Regulations.

Material alterations or Extensions should not give rise to any ‘new or greater contravention’ in the existing building. That is, a material alteration or an extension (vertical or lateral) to an existing building should not make the existing building any worse in relation to Building Regulations.

The following examples are given by way of clarification:

The erection of an extension to an existing building whereby the extension is to be served for access and escape purposes by an existing staircase within the existing building:

• If the existing staircase was adequate for the occupancy capacity of the existing building but inadequate for the extended building, this would constitute a ‘new contravention’ of Building Regulations.

• If the existing staircase was inadequate for the existing building and rendered more inadequate due to the additional occupancy of the extended building, this would constitute a ‘greater contravention’ of Building Regulations.

Note, therefore, that Building Regulations as they apply to works in connection with existing buildings being materially altered or extended, require solely that the 'status quo' be maintained in the existing building. Where an existing building contravenes Building Regulations, the material alteration or extension of such a building does not carry with it the requirement to make good such contravention, but merely that the contravention is not worsened, i.e. that no new or greater contravention arises. Building Regulations do not apply retrospectively to existing buildings where such buildings are being extended except to the extent that any new or greater contravention is not permitted.

You must submit a Commencement notice between 14 - 28 days before starting works, informing the Building Authority of your intended start date. If this is not completed youa re in breach of your Planning Conditions.

A certificate granted by a building control authority in respect of works on non-domestic buildings and apartments blocks which were commenced or completed without the necessary Fire Safety Certificate (FSC). The certificate may be granted with or without conditions or refused.

The fee is €500 which is four times the fee for a Fire Safety Certificate or €11.60 per square metre of floor area, whichever is greater. This may vary depending on the works - please see the Fifth Schedule of the Building Control Regulations.

There is no mechanism to extend. It is an offence to commence work on a building without a Fire Safety Certificate (where required) and the Regularisation Cert is a chance to be in compliance with the fire safety certification regime. If the works are not carried out within the 4- month period, the certificate will not have effect.

A Disability Access Certificate is a certificate granted by a Building Control Authority which certifies compliance of the design of certain works (e.g. new buildings (except dwelling houses), some extensions to, and some material alterations to buildings (except dwelling houses) with the requirements of Part M of the Building Regulations.

A Disability Access Certificate is required in respect of the following works to buildings other than dwellings (but including apartment buildings), in so far as the Requirements of Part M apply and which commence or take place on or after 1 January 2010;

(a) works in connection with the design and construction of a new building,

(b) works in connection with the material alteration of—

(i) a day centre,

(ii) a building containing a flat,

(iii) a hotel, hostel or guest building, or

(iv) an institutional building, or

(v) a place of assembly, or

(vi) a shopping centre,

but excluding works to such buildings, consisting solely of minor works,

(c) works in connection with the material alteration of a shop, office or industrial building where —

(i) additional floor area is being provided within the existing building, or

(ii) the building is being subdivided into a number of units for separate occupancy,

(d) works in connection with the extension of a building by more than 25 square metres,

(e) a building as regards which a material change of use takes place, (see note below)

It should be noted in this context, that the Requirements of Part M 2000

• apply to all works in connection with a material alteration or an extension, without requiring any further work to the existing building1,2.

• do not apply to a material change of use, except where a material alteration or extension is associated with the material change of use, in which case refer to the previous point3.

1 Article 11 of the Building Regulations 1997-2008 also stipulates the Regulations apply to every part of a buildings affected by the material alteration or extension but only to the extent of prohibiting any works which would cause a new or greater contravention, in such building.

2 Part M does not apply to works in connection with extensions to and the material alterations of existing dwellings, provided that such works do not create a new dwelling.

3 The Requirements of Part M 2010 due to commence on 1 January 2012 amended Article 13 to include the application of Part M to certain material changes of use. It also amended Article 11 of the Building Regulations to extend the definition of a Material Alteration to include Part M.

A Disability Access Certificate is required for certain works to which the Requirements of Part M apply. Refer to Article 20 D (1) of S.I. 351) Part M will apply to a material change of use of a building only when it includes a material alteration - in such cases Part M will apply to all works in connection with the material alteration and a Disability Access Certificate should be applied for.

A person shall not carry out works in contravention of Part M of the Second Schedule to the Building Regulations 2000 or any conditions subject to which a Disability Access Certificate is granted (where a Disability Access Certificate is required).

To avoid potentially expensive remedial work, it would be considered good practice to apply for a DAC at the same time as a Fire Safety Certificate ((FSC) prior to submitting a commencement notice), therefore ensuring that the DAC and any conditions pertaining to it are set out prior to commencement of works.

However, a DAC may be applied for after commencement notice, but in no case shall a building be opened, operated or occupied or permitted to do so unless a DAC has been granted or pending determination of an appeals process.

A commencement notice must be submitted between 14-28 days in advance of work commencing.

A building cannot be opened, operated or occupied or permitted to be opened, operated or occupied without the necessary Disability Access Certificate or where an appeal has been lodged, pending the determination of the appeal.

No. The Disability Access Certificate will certify compliance with the requirements of the current Part – Part M 2000. Draft Part M 2009 proposals have not yet been finalised. However, additional information may be required for Disability Access Certificate applications when future revisions of part M become operative.

Yes: Material alteration to a shop, office or industrial building where additional floor area is provided within existing building or building is being subdivided into a number of units for separate occupancy.

Yes: Extension to an existing building other than a dwelling house of greater that 25m2

No: Existing building was damaged/burnt and is being repaired.

No: A material change of use, by itself - see above

Yes: A material change of use involving a material alteration associated with the change of use.

The need for a revised Disability Access Certificate is not limited to works which have not commenced. It applies where significant revision is made to the design of the building or works already commenced.

You should apply at the same time as applying for a Fire Safety Certificagte. The time scale for assessment of both applications is the same. This ensures you have all relevant information prior to construction

Planning permission has no impact on the need for a Disability Access Certificate. If the works began on a building (other than dwellings houses) on or after January 1st 2010, then the Disability Access Certificate is required.

A revised Disability Access Certificate is required where significant revision is made to the design or works or a material alteration to or a material change of use of a building in respect of which a Disability Access Certificate has been granted by a Building Control Authority. You may apply to the Building Control Authority for the revised certificate.

Yes, the 7 Day notice must be accompanied by a valid Fire Safety Certificate application and a statutory declaration form in respect of the work proposed, but only the fee for the 7 day notice applies.

You do not have to submit separate fees for both the 7 Day Notice and the Fire Safety Certificate.

Apply for the Disability Access Certificate immediately/ as soon as possible. Paragraph 2(b) of Departmental Circular BC11/2009 lists what should be provided with the application. Further material may be requested by the Building Control Authority.

Yes, if you have made a valid application for a Fire Safety Certificate you may submit a 7 day notice provided you submit the reference number of the original application, the revised fee and all the required documentation as listed in Article 20A of the Regulations. You should liaise with your local Building Control Authority.

There is no need for a 7 day notice in respect of a Disability Access Certifiate, as a Disability Access Certificate is not required prior to commencement - see above.

There is no need for a regularisation certificate as Disability Access Certificate only applies to works commencing from Jan 1 2010 and not retrospectively. A Disability Access Certificate must be acquired prior to opening, operating or occupying a building to which works required a Disability Access Certificate. A Disability Access Certificate can be applied for this purpose.

Photocopies of maps on planning applications registered before 11-Mar-2002 cannot be issued. Any photocopies of maps on files registered after 11-Mar-2002 must be individually date stamped and a declaration under Section 74 (4) of the Copyright and related Rights Act, 2000 must be signed by the purchaser of the maps and placed on the planning file.

Technically, a Disability Access Certificate is not required in advance of commencement of work. However, a person shall not carry out works in contravention of Part M of the Second Schedule to the Building Regulations 2000 or any conditions subject to which a Disability Access Certificate is granted (where a Disability Access Certificate is required).

To avoid potentially expensive remedial work, it would be considered good practice to apply for a Disability Access Certificate at the same time as a Fire Safety Certificate, therefore ensuring that the Disability Access Certificate and any conditions pertaining to it are set out prior to commencement of works.